From July 1, 2023, the Act on the Unification of Foundation Law will come into force, bringing together, supplementing and clarifying many previously unclear, contradictory or incomplete points in foundation law. In addition to new, uniform federal regulations, the reform also includes the introduction of a central foundation register. The changes are intended to provide greater legal certainty in matters of liability,Read more
Category: Tax consultancy
Real estate sale & divorce: sale of co-ownership share within holding period may be taxable
Often, a property must be sold in its entirety as part of a divorce, or one ex-spouse sells his or her co-ownership share to the other ex-spouse. The problem: if a property is sold as private assets within the so-called holding period, taxes may have to be paid on it because it may be a private sale transaction.Read more
Tax benefits for the operation of photovoltaic systems
The use of renewable energies is becoming increasingly important. To promote the expansion of photovoltaic systems, the legislature has now introduced extensive changes for operators of photovoltaic systems as part of the Annual Tax Act 2022.
Numerous bureaucratic hurdles will be removed. The new regulations will make the operation of photovoltaic systems more attractive and simpler from a tax perspective.Read more
Bitcoin & Co: BFH rules crypto profits are taxable! What do crypto investors need to know now?
With the decision of the Federal Fiscal Court (Bundesfinanzhof, BFH) of February 28, 2023, the highest German fiscal court has now for the first time taken a position on income tax issues relating to crypto assets – Bitcoins and Co.
In it, the previously issued fiscal court decisions are followed and also essential excerpts of the BMF letter of May 10,Read more
Payroll accounting 2023 – important innovations at a glance
In 2023, there are once again a number of adjustments to be made in the area of wage tax and social security law. Overview of relevant changes for employers:
- Higher earnings threshold for midijobs, minimum wage will remain
- Higher basic tax-free amount for wage tax
Child benefit evaded? Criminal charges for tax evasion can be the consequence!
Under certain conditions, parents in Germany are entitled to child benefit. As of January 1, 2023, the entitlement to child benefit is a uniform 250 euros per month and child and is paid out to parents by the family benefits office. So far, so good.
But if the family benefits office pays out child benefits even though parents are not (or no longer) entitled to them,Read more
Real estate valuation newly regulated – higher inheritance tax and gift tax for real estate since 01.01.2023
Real estate valuation in the event of a gift or inheritance has always been a bone of contention. Now, the legislator has reformed the Valuation Act – and with significant effects on the calculation of inheritance tax and gift tax in connection with real estate. This is because the value of real estate has been determined on the basis of the market value for the calculation of gift and inheritance tax since the changes to the law on 01.01.2009.Read more
Property tax 2022 – need for action for property owners!
Further update 31/01/2023: In Bavaria, the deadline for submitting property tax returns is extended to the end of April.
In the Free State of Bavaria, property and land owners now have a further three months to submit their property tax returns. This was decided at short notice in the cabinet on 31.1.2023.Read more
Innovations in 2023 for sick leave and social insurance
Important changes will come into effect for employers and employees in 2023:
The paper sick bill – the famous “yellow bill” – will be abolished for those with statutory health insurance and replaced by an electronic certificate of incapacity to work. For employers, participation in the digital process will be mandatory from 2023.Read more
Corona emergency aid – who is facing repayment?
In the first months of the Corona crisis, the government granted emergency aid to smaller companies and solo self-employed persons who found themselves in an existential emergency. Eligibility to apply for Corona emergency aid was conditional on the existence of a short-term liquidity shortage. According to the approval notice, all recipients of emergency aid are obliged to check whether the predicted liquidity bottleneck has actually occurred.Read more
Property tax reform: What does your notice of assessment say about the property tax assessment amount?
In connection with the property tax reform, many property owners receive the property tax assessment notices from the tax office.
In Bavaria, in addition to the “notice of the property tax assessment amount”, a “notice of the property tax equivalent amounts” is also issued.Read more
Social security audit and external wage tax audit – what to watch out for in the future?
As part of the irregularly scheduled external wage tax audit, checks are made to see whether employers are properly paying wage tax for their employees. During the social security audit, the German Pension Insurance checks every four years, among other things, whether social security contributions have been correctly paid.
Our experience shows: The auditors are looking ever more closely and demanding more information or evidence.Read more
Energetic renovation measures: How can real estate owners benefit from a tax perspective?
Since 2020, energetic renovation measures on the owner-occupied home have been eligible for tax incentives for ten years. Corresponding expenses can be deducted directly from the tax liability.
- Which measures are subsidized?
- What should be considered?
- What alternative funding options are there?
Our experts around the property give you tips and answers to 10 questions from the practice of tax incentives for energy refurbishment of your home,Read more
Inheriting debts: what you can do to prevent this from happening!
An inheritance – despite all the personal tragedy – is often a financial blessing for the heirs. Never before has so much wealth been inherited in Germany as at present. However, there is also the other case: the testator or the testatrix – e.g. one’s own parents or spouse –Read more
The GbR company register is coming: clarify now what needs to be done!
Information about a GbR and the persons behind the GbR has not been as easy to obtain as, for example, in the case of a GmbH.
This will change on 01.01.2024 when the Act to Modernise the Law on Partnerships (MoPeG) introduces the company register for civil law companies.Read more
9-Euro Ticket and Energy Flat Rate from a Wage Tax Perspective
Due to rising energy prices, the German government has introduced tax relief measures. These include the 9-euro ticket and the flat-rate energy allowance.
From a payroll tax perspective, there are a few important points for employers to bear in mind.Read more
Transparency register & GmbH: Entry until 30.06. – fine threatens
GmbHs and UGs must correctly enter beneficial owners in the transparency register by June 30, 2022. Otherwise, those responsible will face heavy fines.
Read more about the transparency register and the registration deadline.Read more
Employment of working students – what to bear in mind
For employers as well as for students, a working student contract is an interesting thing. Employers have fewer ancillary wage costs, and students have more net left over from the gross of their salary.
To do everything right from a tax perspective, employers need to pay attention to some important issues.Read more
Crypto, NFT, virtual currencies and other tokens: what does the current BMF letter say?
The new BMF letter “Einzelfragen zur ertragsteuerrechtlichen Behandlung von virtuellen Währungen und von sonstigen Token” has meanwhile also been published. Below you will find my brief and initial assessment of the letter of the Federal Ministry of Finance (BMF).
Our expert Dr.Read more
Income tax return 2021: How do I take my crypto investments into account?
With an estimated 5,000,000 people in Germany investing in the crypto world, many will soon be asking the question, “How do I account for my crypto investments in my 2021 income tax return?” Some individuals will have to make sometimes substantial tax payments as a result of their crypto investments and will thus also be required to file an income tax return in due time.Read more
Tax-free benefits in kind – increase of the exemption limit
Since January 01, 2022, the limit for tax-free benefits in kind has been raised from 44 EUR to 50 EUR per month.
The 30% flat-rate tax is not applied if the employer provides non-cash benefits to employees that do not qualify as non-cash benefits subject to payroll tax.Read more
Energetic renovation of the home and its financing
n principle, craftsmen’s services on properties used for one’s own residential purposes are only taken into account for tax purposes to a very limited extent.
However, if one observes important prerequisites, plans the measures accordingly and provides the necessary evidence, renovation costs can certainly be deducted from tax.Read more
Reminder! Expiry of the transitional periods for entry in the transparency register
Have you already notified the beneficial owners of your legal entity to the Transparency Register? Not yet? Then it is high time you did!
With the amendments to the Money Laundering Act (Transparency Register and Financial Information Act) that came into force on 1 August 2021,Read more
Are profits from cryptocurrency trading subject to tax? Revision BFH withdrawn
The BFH (Case No. IX R 27/21), Germany’s highest tax court, was supposed to deal with this question; a decision was expected in February. This has now come to nothing. The appeal filed by the taxpayer has been withdrawn in the meantime.
With increasing crypto trading,Read more
The ACCONSIS Future Workshop turns 3 – Happy Birthday!
The Future Workshop is our digital workbench for new solutions!
On the occasion of the 3rd anniversary of the ACCONSIS Future Workshop (ZKW), we asked Stefan Herzer, member of the Executive Board and responsible for organization and digitization at ACCONSIS, for an interview.
We were particularly interested in how the idea of the Future Workshop came about,Read more
Payroll 2022 – important changes
The new year brings a number of changes in wage tax and social security law. What do you have to bear in mind in 2022? We have summarised the relevant changes for you.
- Increase in the minimum wage
- Minimum remuneration for apprentices
- Employer subsidy for deferred compensation
- Reporting of tax identification number for marginally employed
- Insurance status of short-term employees
- Electronic certificate of incapacity for work
- Tax-free remuneration in kind
Important information for the end of the year 2021
2021 saw a whole range of significant changes in the tax area for businesses, employers and employees, home and land owners as well as capital investors and taxpayers.
At the end of the year, important innovations were also set in motion that will take effect in 2022, for example the extension of the Corona economic aid and the short-time working allowance.Read more
Tax havens defense law – Turkey still not on EU ‘black list’
Recently, there has been an increase in the number of reports regarding measures to combat tax evasion in Germany. The German tax authorities are using a wide variety of tools for this purpose. Data CDs from third countries continue to be purchased, most recently tax data from Dubai. At the same time,Read more
What is the right of first refusal for municipalities?
The municipality can only exercise the right of first refusal for a property in certain cases if it lies within the scope of a preservation order.
In a ruling dated 09.11.2021 – 4 C 1.20, the Federal Administrative Court ruled that a municipality’s right of first refusal for a plot of land located within the scope of an urban development ordinance does not exist if the plot of land is built on and used in accordance with the purposes of the urban development measures and the buildings erected on it do not have any defects.Read more
Mini-jobs – what do you have to bear in mind when employing mini-jobbers?
Hiring mini-jobbers is an interesting way for employers to cushion peak workloads, especially in times of fluctuating orders. Of course, some important organisational and verification obligations must also be observed for marginally employed workers.
Important change in 2022: Notification of the tax identification number and statutory health insurance
From January 2022,Read more
münchner immobilien fokus: Digital event series all about real estate
Since 2009, our experts Agnes Fischl-Obermayer, lawyer, tax advisor and specialist in inheritance law, and Regine Funke-Lachotzki, auditor and tax advisor, have been organising the series münchner immobilien fokus together with Aigner Immobilien GmbH.
Every year in spring and autumn, the event takes place on the premises of the Literaturhaus in Munich to provide a networking platform for members of the industry.Read more
Do you speak “crypto” yet?
“Do you have a wallet yet?” or “Has the transaction been entered into the blockchain?” Do you even understand what they’re saying? If you intend to dive into the digital world to do business, you really have no choice but to learn a new “foreign language”: the language of digital commerce.Read more
Standard land values: The current development in Munich
ATTENTION: New standard land values as of 01.01.2022 – further increases to be expected
Due to the implementation of the real estate tax reform, the expert committees have recently been instructed to set new standard land values as of 01.01.2022, in deviation from the two-year cycle (31.12.2022).Read more
Flood disaster: How can employers provide assistance to affected employees?
Many employers would like to provide financial assistance to their employees who have been affected by environmental catastrophes. The following payroll tax simplifications apply to support affected individuals:
Affected employees can receive up to EUR 600 per calendar year tax-free from their employer as aid and assistance. If the aid is paid out to affected employees due to an extraordinary emergency situation,Read more
Real Estate Transfer Tax Reform: Tighter rules for the transfer of shares in real estate holding companies
On July 1, 2021, the Act Amending the Real Estate Transfer Tax Act will come into force. This contains extensive new regulations for the acquisition of shares in real estate holding partnerships and corporations.Read more
Tax data from Dubai: tax authorities are currently evaluating sensitive data
The last prominent data acquisition was some time ago. Many may still remember the acquisition of bank information from Switzerland. The state government of North Rhine-Westphalia was particularly prominent in this regard. The data purchase was and is highly controversial and even involved the Federal Constitutional Court. The acquired information has flushed billions into the state coffers.Read more
Salary extras – What benefits can I pay my employees in addition to their salary?
Particularly with regard to personnel recruitment, employers can offer additional, attractive benefits that go beyond mere payment in the form of salary.
With selected salary extras, employees’ pay can be optimized through tax-privileged and social security-free benefits to achieve a higher net payout. Employers can thus reward employees for good work performance,Read more
From cryptocurrency to crypto art: seeing through digital returns
The Corona pandemic does have its positive sides: Thanks to it, digitization has progressed rapidly and has found its way into all areas of life. We now work mainly remotely, buy more online, and invest more in stocks. Moreover, it is still trendy to trade in cryptocurrency.
In this context,Read more
Fight against time: Last chance to avoid prosecution in Germany by filing a voluntary declaration
Now the time has come. The final step on the part of Turkey has been taken. The agreement on the automatic exchange of information (AEOI), which Turkey ratified back in 2017, will now actually be implemented. The Turkish President, Recep Tayyip Erdogan, personally ordered the execution of the relevant decision by decree on May 31,Read more
Learn more about ACCONSIS: Annual report 2020
The ACCONSIS Annual Report 2020 is available. Read the latest on our figures, data and facts. We also give you many exciting insights into our strategic developments of the business areas and our visions for the future.Read more
Welcome, convocat! ACCONSIS expands its consulting expertise
The ACCONSIS family is growing! By merging with convocat – the law firm of Agnes Fischl-Obermayer, lawyer and tax consultant, and Regine Funke-Lachotzki, chartered accountant and tax consultant – ACCONSIS not only strengthens its team, but also significantly expands its expertise in tax, real estate and inheritance law.Read more
Farewell to an extraordinary entrepreneurial spirit
Entrepreneur Wolfgang Stamnitz passed away on Sunday, April 18, 202 from cardiac arrest. At his desk. Suddenly and unexpectedly.
Wolfgang Stamnitz was chairman of the board of ACCONSIS in Munich. Together with his partners Stefan Herzer and Dr. Andreas Hofner, he was a pioneer of modern client-oriented tax and legal consulting and auditing.Read more
We say goodbye to Board Member Wolfgang Stamnitz.
On Sunday, April 18, 2021, Wolfgang Stamnitz, co-founder and Chairman of the Board of ACCONSIS, passed away suddenly and unexpectedly.
As an entrepreneurial personality, he played a significant role in the success and continuous growth that has characterized ACCONSIS and its Munich-based predecessor company for 60 years.Read more
Überbrückungshilfe/Bridging assistance III: Eligible digitization and hygiene measures
The Corona crisis continues to pose significant challenges for many companies. Lockdowns, contact restrictions, heightened hygiene approaches: The necessary and at the same time existence-threatening measures to contain the pandemic are leading to major revenue losses for many companies.
However, the current Überbrückungshilfe / bridging assistance III can help to compensate for or at least limit these sales losses.Read more
Company bicycle for private use – what taxation rules apply?
Every employer can provide its employees with a company bicycle for private use free of charge or at a reduced price. The resulting benefit in money’s worth is then part of the taxable wages.
So-called pedelecs are operated with a max. 250 watt motor and are limited to a speed of 25 km/h.Read more
Überbrückungshilfen / Bridging Assistance II and III: Proactive Design and Use of Opportunities
The current decisions of the federal government to extend the closures of restaurants and hotels, as well as the restrictions on retail trade, are causing enormous frustration among the entrepreneurs affected. Many hopes have vanished and major (financial) worries are becoming even greater.
It is all the more important now to really make use of all the options offered by the state’s Bridging Assistance in a proactive and goal-oriented manner!Read more
Casual landlords – Airbnb & rental portals targeted by tax authorities!
INSIDER online event on March 24, 2021 on the topic.
Due to the greater response to the article “Airbnb – The tax office knows who you rented to last summer!” – we are once again expanding our comments to include the following points:
After we have so far dealt in particular with the issues surrounding the investigative measures of the German tax authorities and the resulting tax obligations or consequences under criminal tax law,Read more
Überbrückungshilfe III / Bridging Assistance III – Background Information & Overview
Überbrückungshilfe/ Bridging assistance –
improved, expanded and topped up!
We have summarized the most important points for you in the following text.
A term sheet and annex have been published for Überbrückungshilfe/ Bridging Assistance III, as well as an overview of the planned simplifications and increases to Bridging Assistance III.Read more
VAT change & adjustments: Return to 19% or 7% from 01.01.2021!
On 31.12.2020 the low tax phase of the VAT ended. For all transactions carried out from 01.01.2021, the former VAT rates of 19% or 7% will apply again.
However, the reduced rate of 7% will be applied to restaurant and catering services (excluding beverages) in the period from 01.01.2021 to 31.12.2022.Read more
Corona crisis – Working from home: Home office & Co – what rules apply?
In order to contain the corona pandemic and reduce social contacts – also in the work environment – the Bundesministerium für Arbeit und Soziales/ German Federal Ministry of Labor and Social Affairs (BMAS) has issued the Corona-Arbeitsschutzverordnung/ Corona Occupational Health and Safety Ordinance (Corona-ArbSchV). This also contains regulations on home office.Read more